Terms & Conditions

Terms & Conditions

Terms of use

Thank you for visiting the mydna.life web site (the “Site”). myDNA.life is a provider of genetic and pharmacogenomic services in Canada and offers an information Site for genetic testing accessible 24 hours a day, 7 days a week, along with related health information.

By using the Site you agree to be bound by the following terms and conditions. Please read them carefully. Your usage of the Site indicates your acceptance of these terms and conditions.

INFORMATION DISCLAIMER

Information and statements are not intended to diagnose, treat, cure, or prevent any disease or condition. No warranty is made that any information on or linked to this Site is complete and/or accurate. All information contained on the Site, including information relating to medical and health conditions, products and treatments, is for informational purposes only. It is often presented in summary or aggregate form.

The information contained in this Site is not intended nor is it implied to be a substitute for professional medical advice. Always seek the advice of your Pharmacist, General Practitioner, other medical practitioner or qualified health provider when starting any new medical treatment, continuing with medical treatment or with any questions you may have regarding yours or any other party’s medical condition. NOTHING CONTAINED IN THE SERVICE IS INTENDED TO BE OR SHOULD BE TAKEN FOR MEDICAL DIAGNOSIS OR TREATMENT.

COPYRIGHT AND TRADEMARK NOTICE

This Site is owned and operated by My DNA Life Australia Pty Ltd (myDNA Life). Unless otherwise specified, all material appearing on this Site, including the text, Site design, logos, graphics, icons and images, photographs, graphics, typefaces and other material (collectively “Content”) as well as the selection, assembly and arrangement thereof is subject to applicable copyright laws. Copyright © My DNA Life Australia Pty Ltd, ALL RIGHTS RESERVED. All audio and video clips are the sole property of myDNA Life or their respective Content providers. All software used on the Site is the sole property of myDNA Life or those supplying the software. You acknowledge that the Site contains Content, audio and video clips and software that are protected by copyrights, trademarks, or other intellectual property rights, and that these rights are valid and maybe protected in all forms, media and technologies which exist now or are developed in the future. No materials from this Site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without myDNA Life prior written permission. All rights not expressly granted herein are reserved. Any unauthorised use of the materials appearing on this Site may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties.

DISCLAIMER FOR USE OF SITE

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. IN NO EVENT WILL myDNA Life, IT’S DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES, THIRD-PARTY CONTENT PROVIDERS OR THE LIKE WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION myDNA Life, DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR USE OF THE INFORMATION, CONTENT, SERVICE, OR PRODUCTS PROVIDED THROUGH THE SITE.

FURTHER, myDNA Life EXPLICITLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, OR AVAILABILITY OF INFORMATION FOUND ON SITES THAT LINK TO OR FROM THE SITE FROM THIRD PARTIES. WE CANNOT BE HELD RESPONSIBLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY, OR DECENCY OF MATERIAL CONTAINED IN THIRD-PARTY SITES, AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO SUCH SITES. IN ADDITION, myDNA DOES NOT GUARANTEE THAT USE OF THIS SITE WILL BE FREE FROM TECHNOLOGICAL DIFFICULTIES INCLUDING, BUT NOT LIMITED TO, UNAVAILABILITY OF INFORMATION, DOWNTIME, SERVICE DISRUPTIONS, VIRUSES OR WORMS.

UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE SITE, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR REGISTRATION INFORMATION, TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (v) NEGLIGENT OR WILFUL ACTS OF myDNA Life, ITS DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES OR (vi) ANY OTHER MATTER RELATING TO THE SITE.

You agree to indemnify and hold myDNA Life, and our related bodies corporate, directors, officers, employees and representatives harmless from any claim or demand, including reasonable legal fees, made by any you or any third party due to or arising out of the Content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another.

INTENDED FOR PERSONS 18 OR OLDER

The Site is intended for use by persons aged 18 or older. Users under the age of 18 should be assisted by a parent or guardian.

YOUR ACCOUNT OBLIGATIONS

In consideration of your use of the Site, you agree to:

(a) Provide true, accurate, current and complete information about yourself as prompted by any forms featured on or off the Site (the “Registration Information”) and;

(b) Maintain and promptly update the Registration Information to keep it true, accurate, current and complete.

If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your registration and refuse any and all current and future use of the Site.

You are responsible for maintaining the confidentiality of your password and registration and are fully responsible for all activities that occur under your password and registration. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. myDNA Life considers this Registration Information private. The information is kept on a secure server to protect it from outside parties. We use the information only for the limited purposes of processing your orders, for statistical purposes to improve our Site and services to you, to administer our Site, and to notify you of products or special offers that may be of interest to you.

YOUR CONDUCT

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site. You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.

OUR RIGHTS

myDNA Life may elect to electronically monitor areas of the Site and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users, our directors, employees, representatives, sponsors, third party providers or licensors. We are not responsible for screening, policing, editing, or monitoring such Content.

myDNA Life may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party Provider, Merchant, Sponsor, Licensor, service provider, or us.

APPLICABLE LAW

As far as legally possible this Agreement, its terms and conditions and the use of this Site shall be governed by the laws in existence from time to time in Australia. Any claim relating to the Site, the services provided through the Site or the Content shall be governed by the internal laws of the state of Victoria and you agree to submit to having the matter dealt with in a court in Melbourne in the state of Victoria Australia.

TERMINATION

These terms are effective even if this Agreement is terminated by either party. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your registration and all related information and files under your registration and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.

GENERAL INFORMATION

These Terms of Use constitute the entire Agreement between myDNA Life and you and govern the use of the Site. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party Content or third-party software. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

ELECTRONIC COMMUNICATIONS

By using this Site, you consent to receive communications from us electronically including marketing communications. We will communicate with you by email or by posting notices on this site.

SECURITY AND PRIVACY

Users acknowledge that their access to the Site may be monitored and tracked by myDNA Life by the use of cookies and/or retailer IDs. myDNA Life does not sell, rent or give away user information (including phone numbers and e-mail addresses). This information is highly respected and is only used to assist myDNA Life in providing you with valued services. Any information provided by users or their browsers (including cookies) will be for the use of myDNA Life, the operator of this Site. myDNA Life will not disclose personal information about users or their browsing habits to any other third party, unless users give myDNA Life express permission to do so, or unless required to do so by law. myDNA Life may disclose aggregated information about users in general and statistics related to this Site to others, but in doing so, will not disclose information about any particular individual. Notwithstanding the above, users acknowledge that transmissions to and from this Site may be monitored, intercepted or modified by other parties.

LINKING AND FRAMING

Links to external Sites from this Site are provided for convenience only and myDNA Life does not endorse or make any warranty with respect to such external Sites.

WEBSITE AVAILABILITY

myDNA Life does not warrant that the Site will be available at any time. Users acknowledge that the Site may be unavailable for a number of reasons, including due to matters beyond myDNA Life’s control, and shall hold myDNA.life harmless in respect of any claims arising there from. myDNA Life does not warrant that users’ access to the Site will meet any particular performance criteria.

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